Child Support and Spousal Support
Child Support
Child support is the “share” of expenses related to child rearing. Determining the appropriate amount of child support can be a complex task. Issues surrounding determination of income, fluctuating income and imputation of income are often heavily litigated. Child support disputes require a family law attorney who is specifically trained to ensure your financial obligations and income are correctly represented in Court; otherwise, you may face significant legal and financial consequences. Our family law attorneys will guide you through the child support process and petition the court for a modification if circumstances change.
How is Child Support Calculated?
Child support is determined by a state mandated child support guideline calculation, which is calculated using a formula that balances several factors, including but not limited to: each party’s income, percentage of time the child is in the custody of each party, each party’s tax filing status, the needs of the child and other deductions such as each party’s health insurance premiums, deductible interest and property taxes.
Modification of Child Support
Child support is modifiable, as long as there has been a material change in circumstances. The financial circumstances of the parties often change, warranting a modification of child support. Other issues may arise warranting a modification of child support, such as: significant changes in how much time the child spends with each parent, the child’s needs may have changed resulting in an increase or decrease of costs associated with the child’s upbringing, or, there may be changes to any of the other factors used to determine the amount of the child support order.
Spousal Support
Unlike child support, there is no state mandated guideline when determining the amount to be paid. Determining the amount, duration and other terms of the spousal support order is extremely complex and one of the most litigated family law issues. Thus, it is essential to retain a family law attorney with the specific skills and knowledge surrounding spousal support law.
Temporary Spousal Support
Temporary spousal support is paid prior to final resolution of the divorce process and is designed to temporarily maintain the financial status quo of the parties. The amount of temporary spousal support is often determined by the same computer formula used to calculate child support. However, the judge possesses wide discretion in making spousal support orders, requiring your family law attorney to skillfully argue deviations when appropriate.
Permanent Spousal Support
Permanent spousal support is also referred to as “post-judgment” or “long term” spousal support. There is no formula to calculate permanent spousal support. The amount of permanent spousal support is determined by balancing various factors listed in Family Code Section 4320. If you are required to pay or are entitled to receive spousal support, it is crucial that your family law attorney possess the necessary experience and litigation artistry.